MinterEllison's Government Industry Group has played a leading role in advising on some of the largest and most complex procurement and outsourcing projects for government.

Our focus is on the successful delivery of a robust, transparent and defensible procurement which meets the commercial and business needs of the government client and puts in place the framework for successful contract management over the life of the contract.

Our experience includes a broad range of project delivery models such as: traditional construction procurement, partnering/alliancing, target price contracts, guaranteed maximum price contracts, design/build, PPPs, and construction management and other fast-track procurement strategies.

Our team has a deep understanding of the legislative and policy framework within which government procurement processes take place. We advise on applicable Commonwealth and State procurement policies, including the Commonwealth Procurement Rules, resource management policy guidance, the National Code of Practice for the Construction Industry and the Statement of Intellectual Property Principles for Australian Government Agencies.

We have extensive knowledge and experience of the Commonwealth Procurement Rules (CPRs), and have advised extensively on the FMA Act, the Commonwealth Authorities and Companies Act 1997 and the Auditor-General Act 1997. We frequently advise the Commonwealth government on the application of the CPRs and on Chief Executive Instructions made under the FMA Regulations.

On a State level, we advise on and comply with analogous State based legislative and policy requirements when acting for government.

As a leading adviser to industry on major infrastructure and outsourcing projects, we provide our government clients cutting-edge advice and knowledge of national and international developments in procurement. Using our suite of template documentation and procurement tools, we are able to offer government clients assistance in the preparation of: 

  • requests for expressions of interest;
  • requests for tender and related documentation;
  • contracts, deeds of standing offer and consultancy agreements; 
  • tender evaluation plans and reports; 
  • communication protocols; and 
  • risk assessment methodologies and matrices.

Our team has experience in drafting documentation that takes into account the unique needs of government on such issues as indemnities, warranties, insurance, performance management, dispute resolution and termination.

For sensitive and complex procurements, we facilitate the development of a risk assessment methodology in accordance with ISO certification standards and which aligns our government clients' business objectives with processes, appetite for risk and legal documentation.

MinterEllison's procurement team is recognised for its ability to provide legally accurate and commercially-focused advice to meet government business outcomes.

Northern Beaches Hospital PPP Project

Advised New South Wales Health Infrastructure on the design, construction and build of the Northern Beaches Hospital PPP Project using a clinical services outsourcing model, including procurement and financing structures, managing diverse stakeholder interests and NSW Government and NSW Health policy issues. The finalised RFT structure and documentation was endorsed by the NSW Government as a preferred core procurement methodology for hospitals in the State going forward.

National Health Reform Business Information Systems Program

Advised the Department of Health and Ageing in the implementation of the National Health Reform Business Information Systems Program. The project involved multiple approaches to market, the engagement of multiple vendors (including hardware, software, managed services and data transformation services), vendor integration and complex IP issues. We also advised the Department in relation to issues concerning delivery of the solution.

Sydney Ferries Market Review Project

Acted for the NSW Department of Transport & Infrastructure in the Sydney Ferries Market Review project. This was a high profile and politically sensitive project to implement the recommendations of the Walker report into the operation of Sydney Ferries.

OneSky: Airservices Australia Air Traffic Control Futures Systems project

Advising Airservices Australia on the procurement of a replacement air traffic control system (OneSky) for the whole of Australia. Airservices Australia is working closely with the Department of Defence, with the joint objective of realising harmonisation between civilian and military air traffic control systems and operations.

Monash Children's Hospital

Advising the Department of Health on the procurement of the new Monash Children's Hospital, a crucial social infrastructure project for the South-Eastern metropolitan region. This project will be delivered under a Managing Contractor model, and follows on from our successful role in advising the government on a similar procurement process for the redevelopment of the Box Hill Hospital.